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Statement of Need: Section 4118 of SAFETEA--LU amended 49 U.S.C., chapter 311, by adding new section 31151 (49 U.S.C. 31151) titled "Roadability." Section 31151 states: "The Secretary of Transportation, after providing notice and opportunity for comment, shall issue regulations establishing a program to ensure that intermodal equipment used to transport intermodal containers is safe and systematically maintained."

Summary of the Legal Basis: This rulemaking is based on the authority of the Motor Carrier Safety Act of 1984 (1984 Act) and section 4118 of SAFETEA-LU, codified at 49 U.S.C. 31151). The 1984 Act provides authority to regulate drivers, motor carriers, and vehicle equipment. Section 4118 of SAFETEA-LU requires the Secretary of Transportation to issue regulations "to ensure that intermodal equipment used to transport intermodal containers is safe and systematically maintained." It specifies, in considerable detail, a minimum of 14 items that must be included in the regulations. It also provides the authority for Departmental employees designated by the Secretary to inspect intermodal equipment and related maintenance and repair records, and to place out-of-service equipment that fails to comply with applicable Federal safety regulations until the necessary repairs have been made. The legislation also requires the Secretary to preempt State requirements for the periodic inspection of intermodal chassis by intermodal equipment providers that was in effect on January 1, 2005 on the effective date of the final rule. However, it allows the Secretary to waive preemption if a State makes application, provided the Secretary finds that the State requirement is as effective as the Federal requirement and does not unduly burden interstate commerce.

Alternatives: The legislative mandate precluded broad regulatory alternatives. However, the NPRM requested comments concerning the marking of intermodal equipment, and in particular, whether other unique identification numbers could serve the same purpose as the USDOT number.

Anticipated Costs and Benefits: We estimate the costs to be between $146.7 and $241.7 million (net present value discounted at 7% over 10 years), and the benefits to be between $82.3 to 257.6 million (net present value discounted at 7% over 10 years). The full regulatory evaluation for the NPRM is in the docket.

Risks: FMCSA has not yet fully assessed the risks that might be associated with this activity.